On the day before a surprise vote to fire Norfolk Superintendent Sharon Byrdsong, the City Attorney sent an email to school board chair Sarah DiCalogero that Byrdsong's lawyer was dealing with her husband's medical emergency, which might delay a separation agreement.
"I have no reason to doubt her lawyer’s explanation of why she may not immediately respond to our draft," attorney Bernard Pishko wrote, adding that "perhaps will delay executing the separation agreement which appears to be a ‘no-brainer.’"
Pishko considered it a no-brainer because Byrdsong's contract spelled out the terms of her severance in case of dismissal without cause – "equal to the amount of the base annual salary and deferred compensation in effect for the previous twelve months."
Byrdsong, according to a listing of government salaries, earned nearly $277,000 in 2024.
In the email, obtained through a public records request, Pishko told DiCalogero "there is a school administration to run. If we do not very soon have an executed separation agreement from Sharon id (sic) be inclined to proceed with the needed public vote to accept the resignation and separation agreement and the appointment of an interim."
Byrdsong did not resign, and no separation agreement was voted on or announced on June 11 when a 4-3 vote terminated her contract without cause.
That runs counter to state law, which requires school boards to publicly announce severance benefits prior to termination.
When the Norfolk School Board fired Samuel King in 2015, it approved a resolution detailing his separation agreement. When the Newport News school board terminated George Parker in the wake of the Richneck Elementary school shooting, it discussed and voted on a separation agreement that paid him $502,000, a figure higher than the terms of his contract.
When the Accomack County School Board fired its superintendent last year, it reported “in accordance with the requirement of Code of Virginia 15.2-1510.1, the Accomack County School Board announces Superintendent Rhonda Hall will receive a severance payment in the amount of $87,280.30.” And when Goochland County schools outside of Richmond fired its superintendent earlier this year, the board announced his severance package.
Norfolk Public Schools' Freedom of Information office replied to a request for any separation agreement by pointing to Byrdsong’s contract. In an email exchange obtained through a different request, Jack Cloud, a deputy city attorney who works with the board, told the school system's Freedom of Information officer, "the Board has never voted to approve any ‘separation agreement’ in connection with the termination of the superintendent, either on June 11th or any other date. The superintendent was terminated pursuant to relevant provisions within her contract."
DiCalogero did not respond to an email seeking comment.
Pishko said the public disclosure of her severance was clear in her contract and therefore unnecessary before the termination vote.
"The board sought to have a separation agreement but was unable to obtain the superintendent’s agreement so it relied upon the terms of the contract," he wrote in an email. "I believe the purpose of 'sunshine’ statutes is to afford people the opportunity to comment upon its terms before it’s voted upon. An opportunity to affect the outcome. Here, the contract had already been voted upon years ago and its terms could not be changed so it would be a useless step when the dye was set."
"The cited statute may not apply," he added. "If it did apply, it would essentially be a useless step since the contract would be enforced by a court and the cited statute does not provide any substantive requirements; failure to adhere to merely procedural requirements does not generally result in consequences, especially when a useless step."
Andrew Fox, a deputy city attorney who handles school board matters, wrote in an email that a printed draft separation agreement was circulated among board members. He retrieved all copies and noted it is not subject to a records request under the attorney-client work product exemption.
Byrdsong's contract included a provision that the school board provide a 90-day written notice if it intended to terminate her. Fox described that as "unenforceable."
"Just as Dr. Byrdsong could not be compelled to continue working for the School Board during the 90-day period required for her to voluntarily resign, she cannot compel the School Board to continue to employ her for 90 days prior to her termination without cause," he wrote in an email.
Norfolk, Newport News, and Accomack public schools are members of the Hampton Roads Educational Telecommunications Association, which holds WHRO’s broadcast license. The organization is not involved with editorial decisions.
